                                 CODE OF VIRGINIA

APPLICATION; DEPOSIT, FEE, AND ADDITIONAL INFORMATION (§ 55.1-1203)

A. Any landlord may require a refundable application deposit in addition to a
nonrefundable application fee. If the applicant fails to rent the unit for which
application was made, from the application deposit the landlord shall refund to
the applicant within 20 days after the applicant&#8217;s failure to rent the
unit or the landlord&#8217;s rejection of the application all sums in excess of
the landlord&#8217;s actual expenses and damages together with an itemized list
of such expenses and damages. If, however, the application deposit was made by
cash, certified check, cashier&#8217;s check, or postal money order, such refund
shall be made within 10 days of the applicant&#8217;s failure to rent the unit
if the failure to rent is due to the landlord&#8217;s rejection of the
application. If the landlord fails to comply with this section, the applicant
may recover as damages suffered by him that portion of the application deposit
wrongfully withheld and reasonable attorney fees.

B. A landlord may request that a prospective tenant provide information that
will enable the landlord to determine whether each applicant may become a
tenant. The landlord may photocopy each applicant&#8217;s driver&#8217;s license
or other similar photo identification, containing either the applicant&#8217;s
social security number or control number issued by the Department of Motor
Vehicles pursuant to &#xA7; 46.2-342. However, a landlord shall not photocopy a
U.S. government-issued identification so long as to do so is a violation of 18
U.S.C. &#xA7; 701. The landlord may require, for the purpose of determining
whether each applicant is eligible to become a tenant in the landlord&#8217;s
dwelling unit, that each applicant provide a social security number issued by
the U.S. Social Security Administration or an individual taxpayer identification
number issued by the U.S. Internal Revenue Service.

C. An application fee shall not exceed $50, exclusive of any actual
out-of-pocket expenses paid by the landlord to a third party performing
background, credit, or other pre-occupancy checks on the applicant. However,
where an application is being made for a dwelling unit that is a public housing
unit or other housing unit subject to regulation by the U.S. Department of
Housing and Urban Development, an application fee shall not exceed $32,
exclusive of any actual out-of-pocket expenses paid to a third party by the
landlord performing background, credit, or other pre-occupancy checks on the
applicant.

D. A landlord shall consider evidence of an applicant&#8217;s status as a victim
of family abuse, as defined in &#xA7; 16.1-228, to mitigate any adverse effect
of an otherwise qualified applicant&#8217;s low credit score. In order to
establish the applicant&#8217;s status as a victim of family abuse, an applicant
may submit to the landlord (i) a letter from a sexual and domestic violence
program, a housing counselor certified by the U.S. Department of Housing and
Urban Development, or an attorney representing the applicant; (ii) a
law-enforcement incident report; or (iii) a court order. If a landlord does not
comply with this section, the applicant may recover actual damages, including
all amounts paid to the landlord as an application fee, application deposit, or
reimbursement for any of the landlord&#8217;s out-of-pocket expenses that were
charged to the prospective tenant, along with attorney fees.

HISTORY: 1977, c. 427, § 55-248.6:1; 1985, c. 208; 1993, c. 382; 2000, c. 760;
2003, c. 416; 2008, c. 489; 2011, c. 766; 2013, c. 563; 2019, c. 712; 2020, c.
388.